LEGAL  LONDON  

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   Wednesday  10th  May  2014    http://www.walks.com   is  a  good  site   to  pick  up  your   favourite  walking   tour  of  London.  It  just  costs  £7  per  adult.  On  this  day  I  picked  up    “THE  INNS  OF  COURT”  walk  from  their  website.          

             The   lady   in   picture   was   our   tour   guide   with   a   wealth   of   information,   that  otherwise  requires  too  much  research  on  the  net  to  gather.    Solicitor  –  Barrister    Barristers  and  solicitors  are  all  lawyers,  but  they  are  different  types  of  lawyers.  One   is  not   ‘better’,  more  experienced  or  more  senior  than   the  other.  They  have  quite  different   training  and  expertise  and  do  different   types  of   legal  work.  The  system   that   operates   in   England   &  Wales   is   a   ‘split’   system,   where   there   is   a  division  of  labour  between  these  two  types  of  lawyers.      Solicitors  (comes  from  the  word   ‘solicit’)  are  merely  advisors  of   law.  They  cant  practice  in  court  –  means  they  can’t  argue  your  case.      Barristers  are  self-­‐employed.  Solicitors  are  not.  They  are  employed  or  partners.  Barristers  aren’t  allowed  to  form  partnerships  or  companies,  but  group  together  under  one  roof  which  is  called  a  ‘chambers’. A   client   can   instruct   a   solicitor   directly   but   to   instruct   a   barrister   you   have   to  first  instruct  a  solicitor  as  intermediary  and  they  will  instruct  a  barrister  for  you.            

The  Walking  Tour  Guide  

LEGAL  LONDON  

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   Queen’s  Solicitors    Farrer  &  Co  has  been  Private  Solicitor  to  The  Queen  since  2002.    They  specialise   in   tax,   trusts  and  succession   issues   for  clients   from  all  over   the  world,  including  some  of  the  world's  wealthiest  families.  Their  office  is  located  in  the  high  streets  of  London.    They   were   involved   in  the   famous   case   of  jewellery   theft   from   the  precincts  of  Lady  Diana’s  home   after   her   death.  The   case   is   an  interesting   story   as  recounted   by   the   Guide,  though   Google   gives   a  different  version.    Paul   Burrell,   the  Princess   of   Wales's  former  butler,  came  to  be  at  the  centre  of  the  controversy  when  some  gifts  had  been   reported   missing   from   Diana's   apartments   after   her   death.     Burrel   was  accused   of   the   stealing   the   jewellery   after   Diana’s   death.   The   case   became   a  front-­‐page  sensation  in  England.      But   when   the   case   is   about   to   be   closed   for   final   judgement,   the   Queen   had  remarked   to   the   Prince   that   Burrel   had   indeed   told   her   that   he   has   taken   the  jewellery   for  safe  custody.  The  case  was  being  heard  on  behalf  of   the  Queen  as  Queen  is  the  prosecutor  for  all  England  Courts.        Thus   the   theft   trial   of   Paul   Burrell,   the   butler   of   Diana,   Princess   of   Wales,  collapsed   after   evidence   was   given   that   Queen   Elizabeth   II   had   spoken   with  Burrell  regarding  the   items  he  was  accused  of  stealing.  This  seemed  to  provide  support   for   his   assertion   that   he   was   keeping   Diana's   possessions   for   safe-­‐keeping  with  the  consent  of  the  British  Royal  Family,  rather  than  stealing  them.  The   trial   collapsed   after   evidence  was  known   that   the  Queen  had   spoken  with  him  regarding  disputed  events.  Defence,  then  would  have  to  requisition  the  Queen  as  witness,  which  means  the  Prosecutor  and  the  Defence  Witness  would  be  one  and  the  same!  As  this  would  have   created   a   constitutional   crisis   a   Public   Interest   Immunity   (PII)   certificate  was  presented  by  the  Crown  Prosecution  Service  to  exonerate  Burrell.          

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   England  &  Wales  Jurisprudence    English  law,  in  the  context  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland,  generally  means  the  legal  system  of  England  and  Wales.  The  essence  of  English  common  law  is  that  it  is  made  by  judges  sitting  in  courts,  applying   legal   precedent   to   the   facts   before   them.   A   decision   of   the   Supreme  Court  of  the  United  Kingdom,  the  highest  appeal  court  in  England  and  Wales,   is  binding  on  every  other  court.  For  example,  murder  is  a  common  law  crime  rather  than  one  established  by  an  Act  of  Parliament.    Inns  of  Courts    The   Inns   provide   support   for   barristers   and   students   through   a   range   of  educational   activities,   library,   lunching   and   dining   facilities,   access   to   common  rooms  and  gardens  and  the  provision  of  various  grants  and  scholarships.    Anyone  wishing  to  join  the  Bar  must  join  one  of  the  Inns,  which  are  responsible  for   "Calling"   barristers   to   the   Bar.   The   Inns   also   have   a   role   in   administering  disciplinary  tribunals  to  deal  with  more  serious  complaints  against  barristers.    There  are  four  inns  of  court  –  which  support  the  above  activities  in  England  and  Wales  The  Honourable  Society  of  Lincoln's  Inn  The  Honourable  Society  of  the  Inner  Temple  The  Honourable  Society  of  the  Middle  Temple  The  Honourable  Society  of  Gray's  Inn  

             

        http://www.lincolnsinn.org.uk/index.php/tours-and-visits

Coat  of  Arms  of  the  Inns  

Church  ceiling  in  the  Temple  Inn  

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 Becoming  a  Barrister   The steps typically taken to become a barrister involve three main stages of training: Academic Stage: an undergraduate degree in law (LLB), or an undergraduate degree in any other subject followed by the conversion course

Vocational Stage: the Bar Professional Training Course (BPTC), which entails one year of full time study or two years' part time study Pupillage: one year spent as a pupil in barristers' chambers or in another organisation approved by the Bar Standards Board.

After training, the final stage is to obtain tenancy in a set of barristers' chambers as a self-employed barrister, or to go into practice as an employed barrister. Thus the intended student would have to spend over 7-8years of hard work to start practicing. This involves an enormous amount of resources, which everyone is not capable of getting hold of. It is now found that the number of Barristers from women and economically weaker sections are dwindling alarmingly. More so the cap on welfare measures by the Government is also putting pressure on the weaker sections to pursue the profession.        

Library  building  of    one  of  the  Inns  

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Gowns,  Wigs  and  Silk   English advocates (whether barristers or solicitors) who appear before a judge who is robed, or before the Supreme Court of the United Kingdom or Judicial Committee of the Privy Council, must themselves be robed. All male advocates wear a white stiff wing collar with bands. They also wear either a dark double-breasted suit (or with waistcoat if single-breasted) or a black coat and waistcoat and black or grey morning dress striped trousers. The black coat and waistcoat can be combined into a single garment, which is simply a waistcoat with sleeves, known as a court waistcoat. Female advocates also wear a dark suit, but often wear bands attached to a collarette rather than a wing collar. The wigs denote experience (through size) and also denote they are 'different' from their normal selves whilst in court and putting their personal emotions aside. However the wigs are dispensed with in family and civil courts. The wigs will are still worn in criminal courts. Shoulder-length ceremonial wig costs more than 1,500 pounds while the shorter ones worn by lawyers cost about 400 pounds each. However, it has not been mandatory to wear wigs for barristers even in criminal courts. If it hot weather or seems intimidating to children the judge may exempt the wearing of the wig.

The Queen's Counsel (QC), are jurists appointed by to be one of Her [or His] Majesty's Counsel learned in the law. Queen's Counsel is a status, conferred by the Crown, that is recognised by courts. Members have the privilege

of sitting within the Bar of court.

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As members wear silk gowns of a particular design, the award of Queen's or King's Counsel is known informally as taking silk, and hence QCs are often colloquially called silks. Appointments are made from within the legal profession on the basis of merit rather than a particular level of experience. Royal  Courts  of  Justice  

The Royal Courts of Justice, commonly called the Law Courts, is a court building in London, which houses both the High Court and Court of Appeal of England and Wales. The courts within

the building are open to the public, although there may be some restrictions depending upon the nature of the cases being heard (child custody, juvenile cases and divorce proceedings). Those in court who do not have legal representation may receive some assistance within the building. There is a citizens' advice bureau based within the Main Hall which provides free, confidential and impartial advice by appointment to anyone who is a litigant in person in the courts. Public  Executions   Lincoln's Inn Fields is the largest public square in London. It was laid out in the 1630s. But it was once open fields and the site of dueling, jousting and occasional public execution. In the early 13-14th century the public hangings were witnessed by – yes, by public – as though it is a picnic. Barbaric, right? Imagine the sight: a huge wooden triangle with up to 24 bodies swinging from its beams by nooses, gasping their last breaths. From the middle of Queen Elizabeth I’s reign, this was the spectacle that attracted thousands of spectators every week.          

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During Reformation period, even Catholics who don’t abandon their faith were also executed publicly! These hangings were witnessed by thousands of spectators who would pay to sit in open galleries erected especially for the occasion, as well as in rented upper-storey rooms in houses and pubs. After the corpses were cut down from the gallows, there was a rush to grab the bodies, as some believed their hair and body parts were effective in healing diseases. They were also sought after and so illegally bought by the adjacent Royal College of Surgeons for dissection. Better sense prevailed and these public hangings were stopped.  Capital  Punishment    Death penalty was abolished in England as early as in the early 19th century except for treason and murder.   The death penalty was finally abolished for all crimes in England from 1998.  However from time to time there is a clamor for the reintroduction of death penalty in England. As recently as in June 2013 a new bill for capital punishment in England and Wales was introduced. This Bill has been withdrawn and hopefully will not progress any further.    

Place  of  Public  Hangings  

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Chambers   Just as we have chambers of commerce in India, there are chambers of lawyers who are partners of a firm. Chambers contain a host of lawyers for hire. They start from the very top to the just inducted student practitioner.

Adjacent pic shows one set of Chambers of Lawyers ( PUMP COURT) with a list of lawyers. Lawyers are assigned to the customer based on various factors such as experience required, complexity of the case, affordability of the client etc. The Clerk in the Chambers is the Administration in-charge and can make or

mar a promising lawyers career. So he is normally kept in good humor. By taking up an interesting

case, the lawyer can climb up the ladder of success sooner. So the coffee maker to the Clerk is probably is a hopeful lawyer.

The   expression   of   red   tape   had  come   from  this  practice  of   the   tape  wound  around  the  bundles  of  cases-­‐    though   the   tape   is   actually   pink.  That  only  shows  the  male  bastion  of  the  Courts  has  confused  colors!